Amy Coney Barrett

Amy Coney Barrett
Judge of the United States Court of Appeals for the Seventh Circuit
Assumed office
November 2, 2017
Appointed by Donald Trump
Preceded by John Daniel Tinder
Personal details
Born Amy Vivian Coney
1972 (age 45–46)
New Orleans, Louisiana, U.S.
Education Rhodes College (BA)
Notre Dame Law School (JD)
Academic work
Discipline Jurisprudence
Institutions University of Notre Dame
Website Notre Dame Law Biography

Amy Coney Barrett (born 1972)[1][2] is a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit. She was previously a professor of law at Notre Dame Law School and the John M. Olin Fellow in Law at George Washington University Law School[2][3][4] and was considered as a potential associate justice on the Supreme Court following Justice Anthony Kennedy's retirement in July 2018.[5]

Education and career

Barrett graduated from St. Mary's Dominican High School in New Orleans in 1990.[6] In 1994, Barrett graduated magna cum laude with a Bachelor of Arts in English literature from Rhodes College, where she was a Phi Beta Kappa member.[7] In 1997, she graduated summa cum laude from the Notre Dame Law School with a Juris Doctor, where she was executive editor of the Notre Dame Law Review.[8]

After graduation, Barrett served as a law clerk to Judge Laurence Silberman of the United States Court of Appeals for the District of Columbia Circuit.[9] She then spent a year as a clerk to Associate Justice Antonin Scalia of the Supreme Court of the United States from 1998–99.[9] From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.[10][11]

Barrett spent a year as a law and economics fellow at George Washington University before heading to her alma mater, Notre Dame, in 2002 to teach federal courts, constitutional law and statutory interpretation; she was named a Professor of Law in 2010, and, from 2014–17, held the Diane and M.O. Miller Research Chair of Law.[12][7] Barrett twice received a “distinguished professor of the year” award, in 2010 and 2016.[7] Barrett continues to teach as a sitting judge.[13]

She was a member of the Federalist Society from 2005 to 2006 and 2014 to 2017.[14][7]

Federal judicial service

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[15][16] President Barack Obama's January, 2016, nominee for the vacancy, Myra C. Selby, was blocked by the U.S. Senate due to the blue slip opposition of Senator Dan Coats (R-IN).[17] Selby's nomination was denied a United States Senate Committee on the Judiciary hearing and expired a year later.[18]

A hearing on Barrett's nomination before the Senate Judiciary Committee was held on September 6, 2017.[19] During Barrett's hearing, U.S. Senator Dianne Feinstein questioned Barrett about whether her Catholic faith would influence her decision-making on the court. Feinstein, concerned about whether Barrett would uphold Roe v. Wade given her Catholic beliefs, followed Barrett's response by stating "the dogma lives loudly within you, and that is a concern".[20][21][14][22] In response to Feinstein's question, the conservative Judicial Crisis Network began to sell mugs with Barrett's photo on them and displaying the Feinstein "dogma" quote.[17][23] Senator Dick Durbin asked "Do you consider yourself an orthodox Catholic?" He was criticized by the editorial board at his alma mater, Georgetown, a Catholic university, for his requesting a clarification of Barrett, regarding her self-descriptive terminology, “orthodox Catholic.” He contended her definition might unfairly characterize Catholics who may not agree with the church's positions about abortion or the death penalty. She responded, “litigants and the general public are entitled to impartial justice, and that may be something that a judge who is heedful of ecclesiastical pronouncements cannot dispense.” Barrett further opined that judges aren't bound by precedent conflicting with the Constitution.[24] The subject of Feinstein and other Democrats' concern was a 1998 article by Barrett where she wrote that judges could recuse themselves from hearing matters if their faith conflicted with issues to be decided in cases they might otherwise hear.[17] Nan Aron, president of the liberal Alliance for Justice, said Barrett's law review article’s contention that judges could simply recuse themselves from a case if they have a religious concern constitutes, “...the very definition of putting faith ahead of one’s duties as a judge.”[17]

An article in the conservative National Review asserted, "Senators must inquire about these issues when considering lifetime appointments because ensuring impartiality and fidelity to precedent are critical for the rule of law."[20][25][14] Feinstein's line of questioning was criticized by some observers and legal experts[26][27] while defended by others.[28] The issue prompted questions regarding the application of Article VI, Section 3 of the Constitution which mandates: “No religious test shall ever be required as a qualification to any office or public trust under the United States.”[29][24][26][27][28] During her hearing, Barrett said: "It is never appropriate for a judge to impose that judge's personal convictions, whether they arise from faith or anywhere else, on the law."[26]

On October 5, 2017, the Senate Judiciary Committee voted on a party-line basis of 11–9 to recommend Barrett and report her nomination to the full Senate.[30][31] On October 30, 2017, the Senate invoked cloture by a vote of 54–42.[32] The Senate confirmed her with a vote of 55–43 on October 31, 2017, with three Democrats – Joe Donnelly, Tim Kaine, and Joe Manchin – voting for her.[7] She received her commission on November 2, 2017.[2]

Barrett had been included on President Donald Trump's list of potential Supreme Court nominees since 2017. In July 2018, following the retirement announcement of Anthony Kennedy, she was considered his possible successor,[12][33] though Trump nominated Judge Brett Kavanaugh for the position[34] Barrett is considered to be a possible nominee for future Supreme Court vacancies.[5]

Barrett is a constitutional scholar with expertise in statutory interpretation.[7] At an event in 2013 that reflected on the 40th anniversary of Roe v. Wade, she described the decision—in the paraphrase by Notre Dame Magazine—as "creating through judicial fiat a framework of abortion on demand".[35][36] She also remarked that it was "very unlikely" the court will overturn the core aspect of Roe v. Wade: "The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It's a question of whether abortions will be publicly or privately funded."[37][38]

Personal life

Family

Amy Vivian Coney married Jesse M. Barrett, an Assistant United States Attorney for the Northern District of Indiana.[39] They have seven children: five biological children and two children adopted from Haiti. Her youngest biological child has special needs.[2][40][41]

Religious affiliation

Barrett is a practicing Roman Catholic.[14] The New York Times reported that Barrett was a member of a small, tightly knit Charismatic Christian group called People of Praise.[14] Barrett is affiliated with Faculty for Life, a pro-life group at the University of Notre Dame. In 2015, Barrett signed a joint letter to Catholic bishops which affirmed the Church's teachings including "the value of human life from conception to natural death," and that family and marriage are "founded on the indissoluble commitment of a man and a woman".[42][43]

Selected bibliography

  • Barrett, Amy Coney (2017). "Originalism and Stare Decisis" (PDF). Notre Dame Law Review. 92 (5): 1921–44. Archived (PDF) from the original on September 15, 2017.
  • Garvey, John H.; Coney, Amy V. (1998). "Catholic Judges in Capital Cases" (PDF). Marquette Law Review. 81: 303–50. Archived from the original on September 21, 2017.

See also

References

  1. ↑ Editors (September 22, 2017). "JFK, Amy Coney Barrett and Anti-Catholicism". National Catholic Register. Archived from the original on October 7, 2017. Retrieved October 7, 2017.
  2. 1 2 3 4 "Barrett, Amy Coney | Federal Judicial Center". www.fjc.gov. Retrieved July 7, 2018.
  3. ↑ Lloyd, Alice B. (2018-07-06). "Former Law Students Praise Amy Coney Barrett". The Weekly Standard. Retrieved 2018-07-09. Students, being familiar with her scholarship and lectures, knew her to be a consistent textualist and originalist.
  4. ↑ "These Are Trump's Candidates for the Supreme Court". Time. Retrieved 2018-07-09. Coney Barrett has written extensively about Constitutional originalism, a legal tradition that advocates for an interpretation of the Constitution based on the meaning it would have had at the time it was written.
  5. 1 2 Judge Amy Coney Barrett passed over for Supreme Court will stay in spotlight, Sun Times, Jon Seidel and Lynn Sweet, July 18, 2018. Retrieved September 25, 2018.
  6. ↑ Aymond, Gregory M (September 19, 2017). Senate Violated A Constitution Ban, Clarion Herald
  7. 1 2 3 4 5 6 "Potential nominee profile: Amy Coney Barrett – SCOTUSblog". SCOTUSblog. July 4, 2018. Retrieved July 7, 2018.
  8. ↑ "Amy Coney Barrett bio". University of Notre Dame School of Law. Archived from the original on October 7, 2017. Retrieved May 8, 2017.
  9. 1 2 "Nominee Report" (PDF). Alliance for Justice. Retrieved 9 July 2018.
  10. ↑ Lat, David (May 1, 2017). "Circuit Court Nominees in the Trump Administration: A Nationwide Round-Up". Above the Law. Archived from the original on October 7, 2017. Retrieved September 29, 2017.
  11. ↑ Carr, Thomas B. (July 26, 2004). "Letters to the Editor: 'Now-Defunct' Miller, Cassidy". National Law Journal. Retrieved September 29, 2017. (subscription required)
  12. 1 2 Nicholas, Peter; Radnofsky, Louise (July 5, 2018). "Trump Winnows Down Supreme Court Picks, Focusing on Three". The Wall Street Journal. Retrieved July 5, 2018. (Subscription required (help)).
  13. ↑ Severino, Carrie (May 7, 2017). "Bench Memos: Who Is Amy Coney Barrett?". National Review. Archived from the original on October 7, 2017. Retrieved May 8, 2017.
  14. 1 2 3 4 5 Goodstein, Laurie (September 28, 2017). "Some Worry About Judicial Nominee's Ties to a Religious Group". The New York Times. Archived from the original on September 28, 2017. Retrieved July 4, 2018.
  15. ↑ "Presidential Nomination 369, 115th United States Congress". United States Congress. May 8, 2017. Retrieved June 30, 2018.
  16. ↑ Staff (May 8, 2017). "Trump Names 10 Conservatives It Plans to Nominate to Federal Courts". Chicago Tribune. Retrieved September 29, 2017.
  17. 1 2 3 4 "Donnelly one of few Democrats to back potential Supreme Court justice Amy Coney Barrett". Indianapolis Star. Retrieved 2018-07-09.
  18. ↑ Presidential Nominations Sent to the Senate, White House, January 12, 2016. Retrieved September 25, 2018.
  19. ↑ "Rescheduled Notice of Committee Hearing". Senate Judiciary Committee. August 4, 2017. Retrieved October 7, 2017.
  20. 1 2 Dianne Feinstein Attacks Judicial Nominee’s Catholic Faith, National Review, Alexandra DeSanctis, September 6, 2017. Retrieved September 9, 2018.
  21. ↑ Green, Emma (September 8, 2017). "Should a Judge's Nomination Be Derailed by Her Faith?". The Atlantic. Retrieved July 1, 2018.
  22. ↑ "Feinstein: 'The dogma lives loudly within you, and that is a concern'". The Washington Post. September 7, 2017. Retrieved June 30, 2018.
  23. ↑ Haberman, Maggie (July 15, 2014). "Conservative judicial group to hammer Chris Christie". Politico. Retrieved 2018-09-25.
  24. 1 2 "Did Durbin and Feinstein Impose a Religious Test for Office?". National Review. September 8, 2017. Retrieved July 7, 2018.
  25. ↑ "How Amy Coney Barrett vaulted onto Trump's Supreme Court shortlist". POLITICO. Retrieved July 3, 2018.
  26. 1 2 3 Gerstein, Josh (September 11, 2017). "Senators take fire over questions for Catholic judicial nominee". Politico. Retrieved June 30, 2018.
  27. 1 2 Eisgruber, Christopher L. (September 8, 2017). "Letter from President Eisgruber to the Senate Committee on the Judiciary Regarding the Use of Religious Tests". Princeton University: Office of the President. Archived from the original on October 7, 2017. Retrieved October 7, 2017.
  28. 1 2 Aron, Nan. "Forget the critics, Feinstein did the right thing by questioning a judicial nominee on her faith and the law". The Los Angeles Times. Retrieved June 30, 2018.
  29. ↑ "EDITORIAL: Religious Tests Unfit for Court". 2017-09-15. Retrieved 2018-07-10.
  30. ↑ Freking, Kevin (October 6, 2017). "Committee Recommends Notre Dame Professor Amy Coney Barrett for U.S. Judicial Bench". South Bend Tribune. Associated Press. Retrieved October 7, 2017.
  31. ↑ "Daily Digest/Senate Committee Meetings, Committee on the Judiciary". Congressional Record, 115th Congress, 1st Session. 163 (160): D1059–D1060. October 5, 2017. Retrieved October 7, 2017.
  32. ↑ "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress – 1st Session". www.senate.gov. Retrieved May 8, 2018.
  33. ↑ "Indiana's Amy Coney Barrett on list of 25 likely Supreme Court candidates". Indianapolis Star. June 28, 2018. Retrieved June 29, 2018.
  34. ↑ https://www.nytimes.com/2018/07/09/us/politics/brett-kavanaugh-supreme-court.html Brett Kavanaugh to Supreme Court], New York Times, Mark Landler and Maggie Haberman, July 9, 2018. Retrieved September 25, 2018.
  35. ↑ "Amy Coney Barrett, possible Supreme Court nominee, has backed 'flexible' approach to court precedent". Washington Post. Retrieved 2018-07-09.
  36. ↑ "Students, faculty mark 40 years of Roe // News // Notre Dame Magazine // University of Notre Dame". magazine.nd.edu. Retrieved 2018-07-09.
  37. ↑ "Law professor reflects on landmark case // The Observer". The Observer. 2013-01-21. Retrieved 2018-07-09.
  38. ↑ Groppe, Maureen (8 July 2018). "What Supreme Court contender Amy Coney Barrett has said about abortion and 9 other issues". The Indianapolis Star. Retrieved 9 July 2018.
  39. ↑ "Class Notes: Class of 1996". Notre Dame Magazine. Winter 2012–2013. Archived from the original on October 7, 2017. Retrieved May 8, 2017.
  40. ↑ "Senate Violated A Constitution Ban". Clarion Herald. September 19, 2017. Retrieved July 3, 2018.
  41. ↑ Desmond, Joan (July 2, 2018). "Will This Catholic Jurist Be the Newest Supreme Court Justice?". National Catholic Register. Retrieved July 3, 2018.
  42. ↑ "Supreme Court opening: Indiana's Amy Coney Barrett a favorite of grassroots conservatives". Indianapolis Star. Retrieved 2018-07-09.
  43. ↑ "Letter to Synod Fathers from Catholic Women". Ethics & Public Policy Center. Retrieved 2018-07-09.
Legal offices
Preceded by
John Daniel Tinder		 Judge of the United States Court of Appeals for the Seventh Circuit
2017–present		 Incumbent
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